Legislators have begun to recognize the destructiveness of domestic
violence and the need for both tougher laws and better training of
police and judges.

Natalie is 27 years old, comes from a solid middle-class American
family, is college educated and is 1,500 miles from home, running and
hiding from an abusive ex-husband. She was married for four years to a
police officer in a large eastern city. First, he abused her verbally,
then physically when she was pregnant with their first child.

Natalie went to court and obtained a protective order. When their
daughter was four months old, Natalie's husband hit the baby,
causing a concussion. More desperate and scared than ever, Natalie took
the baby and fled. She sought help from the local shelter, from her
parents, and from the legal system. Both before and after she divorced
him, her husband terrorized and harassed her family.

* Studies show that up to 80 percent of wives suing for divorce cite
physical abuse by their husbands.

* Between 15 percent and 25 percent of pregnant women are battered.

* Nearly 50 percent of all homeless women and children are fleeing
domestic violence.

* Women who leave their batterers are at a 75 percent higher risk of
being killed by them than those who stay.

More women seek medical attention for injuries caused by a spouse
than for injuries caused by auto accidents, mugging and rape combined.
Spouse abuse is also a major contributing factor to other problems,
including child abuse and neglect, female alcoholism, drug abuse,
homelessness, mental illness and attempted suicide.

"The collective costs to the community are enormous, not only in
terms of destroyed lives and families, but in terms of lost
productivity, health care costs, and social service costs," says
Elizabeth Schneider, professor of law at Brooklyn (New York) Law School.

"Domestic violence cuts across every racial, ethnic and
socioeconomic line. And police time spent handling domestic violence
exceeds police involvement in murder, rape and all forms of aggravated
assault," she says. Reduce the incidence of domestic violence, and
a host of other problems will be curtailed.

Estela Ortiz, director of public relations for the National Coalition
Against Domestic Violence, says that policymakers and judges
underestimate the deadliness of domestic violence. "It is killing
women at an alarming rate and women are literally scared to
death--constantly afraid that they will not survive the next
attack."

Often in spousal abuse situations, one or the other partner will be
murdered, will lose custody of children, or will run and hide. Civil
protection or restraining orders often are issued in abusive situations,
but only go so far in diffusing volatile domestic situations in which
there is a pattern of violence. A protective order requires that
following arrest or the issuance of a citation, an abuser may not
contact the victim nor enter the premises of her residence or temporary
dwelling. Many abusers disregard these orders.

More responsible and accountable law enforcement as part of the
system's response to domestic violence is important. Clear police
procedures are necessary, along with police compliance with those
procedures. To protect victims, many police departments across the
country have policies that enable officers to take immediate action in
domestic violence cases. The officer decides if a situation is violent
enough to make an arrest. State laws vary widely: 17 states have
mandatory arrest for incidents of domestic violence, 20 mandate arrest
for violation of a protective order.

The most restrictive state laws allow warrantless arrests only when
an officer has probable cause to believe that a felony has been
committed or when an officer has witnessed a misdemeanor. A few state
laws provide that police who have probable cause to believe that a
felony or misdemeanor domestic assault has occurred must arrest the
primary physical aggressor.

San Diego has established a new police unit to investigate cases of
domestic violence, the first of its type among major law enforcement
agencies.

The police unit is comprised of 16 specially trained, multi-lingual
detectives and two detective sergeants. All officers have volunteered
for the unit and have backgrounds in psychology. The new unit will be
part of the Family Protection Section of the police department.

Courts, also, have an increasingly significant role in domestic
violence. Judge Kathlene Gosselin, of the state court of Hall County,
Ga., says that as recently as 1987 she heard six or seven domestic
violence cases each year. Now she hears more than a hundred. Gosselin,
whose background includes criminal, domestic and juvenile law, says
admissibility of expert testimony on battered woman syndrome is an
important way to address domestic violence in the courts today. Battered
woman syndrome testimony, heard when a woman who alleges abuse is
prosecuted for fighting back against her abuser, helps explain to jurors
"how a battered woman might think and behave and places the
behavior in an understandable light," says Gosselin.

Kansas Governor Joan Finney appointed a committee to review sentences
of women imprisoned for murdering their partners to determine if they
were suffering from battered woman syndrome. Fourteen other states have
also established such committees. In Florida a new clemency board rule
"recognizes that the battered woman syndrome is a significant
factor for consideration of clemency." About 300 women are
imprisoned in Florida, and national statistics suggest that as many as
70 percent probably involved abuse of some kind.

Domestic violence legislation in Arizona provides for probable cause
for law enforcement officers to arrest in domestic violence cases, and
requires they provide information to alleged victims about procedures
and resources. However, winning over law enforcement with such measures
is not always easy, according to Representative Sandra Kennedy, who
sponsored the legislation about procedures and resources. Kennedy
acknowledges that Arizona, like many other states, tends to provide no
additional funding to law enforcement to carry out the increased
responsibilities.

Louisiana addresses the funding dilemma by requiring the perpetrator of family violence to pay all court costs, attorney fees, evaluation
fees and expert witness fees, including all costs of medical and
psychological care for the abused spouse or for any of the children.

A Pulitzer-Prize-winning series on domestic violence that ran in the
the Lexington (Ky.) Herald-Leader from December 1990 to July 1991
prompted significant new policy in Kentucky. Reporter Maria Henson spent
more than 16 months researching and writing articles about women who
required protection under Kentucky's law against wife-beating. The
series, "To Hold and to Harm," detailed ways in which judges,
prosecutors and police sometimes fail to protect women. Again and again
in the 18 articles, Henson demanded that the state "act to shield
women and children through tougher laws and better training for
judges."

Kentucky now allows protective orders to be issued 24 hours a day.
Arrest is mandatory in cases where protective orders have been violated.

But perhaps the most noteworthy feature of Kentucky's new policy
is the establishment of a computerized tracking system that lists all
civil protective orders and makes the information available to all
officers in the state.

Massachusetts has also developed a new statewide database to help
reduce the record wave of domestic abuse cases there. The system will
allow police officers and judges to quickly find records of restraining
orders issued anywhere in the state. The database will also record any
warrants issued for criminal violations.

Efforts also are under way in states to enhance community services
that respond to and provide assistance to victims of spouse abuse. In
Hawaii, the Windward Spouse Abuse Coalition has 125 members to help fund
and provide other support for two shelters that offer maintenance and
protection to 550 women and children each year.

State lawmakers have made important strides in enacting measures to
protect victims of spouse abuse, and the judicial process, also,
increasingly seeks to deter and diminish the cycle of violence.

However, good laws may not be enough and court systems cannot be the
ultimate protectors. Academicians, social service providers, judges and
legislators all need to focus on "why does he batter?" and
"why must he use violence to control?" says Gosselin.
Education of judges, jurors, lawyers and the public on the domestic
violence and battered woman syndrome is necessary, according to
Gosselin. More and better services for counseling for batterers and for
shelters and other support services for victims, also can help curb
domestic violence, experts say.

Finally, traditional societal attitudes about appropriate roles for
women in the community and in the home have, some experts say,
perpetuated violence against women, and require clear directives from
government. Maria Henson has said, "The law works best when courts
proclaim clearly that women have the right to live free of violence and
intimidation. The purpose of the law is simple: to protect beaten women
from being beaten again and to free them from living in fear."

What Works in States

Today virtually all states have laws that provide for protective
orders and other sanctions. In the 1991-92 legislative sessions, 123
laws were enacted addressing domestic violence. These laws provide
funding for shelters and counseling, improve police procedures, protect
the privacy of victims, and protect women who are not married. Eight
deal with counseling (both for victims and for batterers), 10 address
funding (for services and shelters) and nine have to do with
victims' privacy.

Ohio Representative Jo Anne Davidson, House minority whip, says her
state has passed legislation that toughens penalties for abusers and
creates and funds shelters. Another recent change in Ohio law is that
battered woman syndrome has been recognized as a viable mitigating
circumstance in cases where a woman convicted of murdering an abusive
partner may be granted clemency. In the past, battered woman syndrome
has been used as a defense in criminal cases. More recently, creative
attorneys have been able to apply the concept successfully to civil
remedies. In 1990, the Ohio legislature codified the state Supreme
Court's decision to grant permission to hear testimony on battered
woman syndrome. Nine states--Arizona, California, Louisiana, Ohio,
Maryland, Missouri, New York and Texas--now allow such testimony.

Women in Hawaii championed passage of that state's Crimes
Against Women package, a project that took many years and involved not
only legislators but also professionals in the fields of domestic
violence and sexual assault. The package includes 38 bills that address
counseling, protective orders, victim privacy and funding for services.
Representative Annelle Amaral of Hawaii recently sponsored two
successful protective order laws. The first provides police authority to
order a domestic abuser to stay away from a victim's residence for
up to 48 hours. The second law extends the duration of protective orders
in domestic abuse cases from six months to three years.

Thirty states now have laws creating the crime of
"stalking," or repeated following, intimidation and threats of
violence. Most of those laws were passed in states in 1992, and many
states enhance penalties for stalking when a protective order is
violated.

In Kentucky, within 48 hours of learning of an actual or suspected
domestic violence incident, law enforcement agencies must report it to
the Cabinet for Human Resources. And a battered woman facing criminal
charges may have admitted into evidence the existence of any prior acts
of domestic violence by the person against whom the victim is charged
with using physical force.

Georgia created a State Commission on Family Violence, New Mexico established a Domestic Violence Pilot Program, and New York set up an
Office for Prevention of Domestic Violence.

California has also enacted a law that changes the legal term
"domestic violence" to "family violence" to expand
legal protections to people who are not related but live in the same
household. Another California bill allows judges to require the presence
in court of individuals charged with a misdemeanor family violence
crime. Formerly, a person had only to be represented by a lawyer.

Minnesota now requires Supreme Court education programs for district
court judges to focus on domestic abuse laws and related civil and
criminal court issues, Another new Minnesota law requires domestic abuse
prosecution plans to be implemented in each city and county by June 1,
1994. The plans must include written policies for arrest procedures in
domestic abuse incidents and procedures that encourage prosecution of
all domestic abuse cases if a crime can be proved.

What Works in Court

Many abused women, intimidated by the court process, are slow to
bring charges, and many, out of fear, drop their cases. Although most
courts issue restraining or protective orders against an abuser, few men
who violate the orders are convicted. But since 1987 in Massachusetts,
the Quincy Court, which serves seven cities and towns in the suburbs of
Boston, has been giving battered women the support they need to bring
charges without fear.

The entire criminal justice community works together to ensure the
victim's safety and help her understand how to use the system.
Under the leadership of Justice Albert Kramer, the Quincy Court has
built a network of protection, support and supervision. Judge Kramer
says his aim is to make the system more helpful to victims and tougher
on abusers.

Sarah Buel, herself once a victim of an abusive spouse, heads the
prosecution team. She says that before a woman goes into court, she is
briefed on procedure and an advocate accompanies her to court, standing
at the bench between her and her abuser. A separate office, staffed by
women who are experts, helps victims find support services.

In the Quincy Court, domestic abuse is treated as a violent crime
committed by a dangerous individual. The sentencing is tough. An abuser
forfeits his weapon, is forbidden to use drugs or alcohol, is ordered to
enter and pay for counseling and treatment and is monitored by a
probation officer to see that he is observing the court's order to
stay away. Any violation brings a tightening of restrictions on the
abuser's behavior that can include incarceration.

The best indicator of the Quincy Court's success is the decline
in deaths from battering. There were no domestic homicides in the
court's district last year, while a nearby county reported 15.

Department 303W is a new protective-order court in Denver, set aside
to hear day-long tales of domestic abuse and pleas for restraining
orders. Judge Jacqueline St. Joan oversees the proceedings, which run
for hours without guidance of attorneys for either side. She sometimes
hears urgent cases out of order.

Researchers commend this single docket approach as a way to reduce
conflicting court orders and allow for the development of legal skill in
the area of domestic abuse. Community volunteers working with battered
women are grateful that they can concentrate their resources and efforts
in a central location, rather than having to distribute support services
to several scattered courtrooms.

Judge St. Joan says women in her court are taking a first step in a
patriarchal society toward telling men "they don't have
access, for the taking, to everything a woman has and owns and is."
Most women who come to Department 303W can't afford the court
filing fee, much less an attorney.

The authority of the court is underestimated if anyone calls the
protective order "just a piece of paper." Anyone who ignores
the terms of the order is committing a crime punishable by a $1,000 fine
and up to six months in jail. The court's data show that there are
200 requests a month for temporary restraining orders and almost as many
for permanent orders. "My bailiff calls us a court of last resort,
and she is right," says Judge St. Joan.

COPYRIGHT 1993 National Conference of State Legislatures
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